4 Or. App. 512 - State v. Tremblay’s Empirical Analysis

Citation profile

2 district · 11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"In Branch the only other crime was the assault itself. Burglary consists of two things — one, breaking and entering a dwelling house; two, intent to commit a crime therein. The crime which a burglar usually intends to commit after he breaks into a dwelling is larceny. Defendant concedes her argument could not apply in that situation. We think her argument fails because it is obvious that the legislature intended to give added protection to persons who are within a dwelling place. This is borne out by the decision in State v. Morris, 241 Or. 253 , 405 P.2d 369 (1965), which was decided nine months before State v. Branch, supra. There the facts were almost in point with those in the case at bar. "* * * "If Branch was intended to overrule Morris we assume it would have done so specifically."”

   1 later decision quote this exact passage
   e.g. State v. Reams

2. “the victim. The trial court instructed that if the jury found that defendant or her accomplices caused the death while committing the crime of burglary in a dwelling, it was first degree murder. Defendant contended, as in this case, that the assault necessary to make up the burglary”

   1 later decision quote this exact passage
   e.g. State v. Reams

3. “If Branch was intended to overrule Morris we assume it would have done so specifically.”

   1 later decision quote this exact passage
   e.g. State v. Reams